Hamlin v. Reynolds
Illinois Supreme Court
This was a suit against an indorser of a promissory note after return of nulla bona to fi. fa. against the principal. The declaration sets out that Edward Hamlin, on the 8th May, 1857, made two promissory notes, payable to John R. Hamlin, or order, and indorsed to Reynolds, Ely & Co., each for $362, and due sixty and ninety days, value received, payable at the office of Reynolds, Ely & Co., in Chicago; that Reynolds, Ely & Co. sued the maker of said notes, at the September…
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This was a suit against an indorser of a promissory note after return of nulla bona to fi. fa. against the principal. The declaration sets out that Edward Hamlin, on the 8th May, 1857, made two promissory notes, payable to John R. Hamlin, or order, and indorsed to Reynolds, Ely & Co., each for $362, and due sixty and ninety days, value received, payable at the office of Reynolds, Ely & Co., in Chicago; that Reynolds, Ely & Co. sued the maker of said notes, at the September term of the Cook County Court of Common Pleas, 1857, (the first term after said notes became due,) and obtained judgment…
1Opinion of the CourtWalker, J.
It is believed that no reported case can be found, either in Great Britain or this country, in which it has been held that it is necessary to except to the judgment on a demurrer, to enable the party to have the decision reviewed in an appellate court. By the ancient practice it was the final judgment in the case, on the count or plea to which the demurrer was interposed, and leave to amend or plead over was rarely if ever given. And the judgment on demurrer, by the modern practice, is final, unless the court in the exercise of its discretion permits an amendment, or grants leave to plead…
2Cited by17 opinions
- Bennett v. Union Central Life InsuranceIllinois Supreme Court · 1903
- Hitt v. CarrIndiana Court of Appeals · 1921
- Burke v. Chicago & Northwestern R. R. Co.Appellate Court of Illinois · 1903
- People ex rel. Douglas v. PowellIllinois Supreme Court · 1916
- Rust v. StateCourt of Criminal Appeals of Texas · 1892
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